CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 2. DOGS AND CATS

For the purpose of this article the following definitions shall apply:

(a)   Animal - A dog or cat. Cattle, horses, sheep, swine and other vertebrate animals are not included.

(b)   Boarding Fee - Monetary charge for the housing, feeding and care of an animal.

(c)   Custodian - An individual, other than the legal owner, entrusted with the temporary care and safekeeping of an animal.

(d)   Housed -- The living quarters where an animal is usually kept, sheltered or enclosed.

(e)   Proper Authority -- Any police officer or other city employee authorized by the governing body to apprehend and impound animals determined to be in violation of the provisions of this article.

(Ord. 446, Sec. 1)

(a)   Every owner of any dog or cat over six weeks of age shall annually register with the city clerk his or her name and address with the name, sex and description of each dog or cat owned and kept within the city. It shall be unlawful for the owner of any newly acquired dog or cat or any dog or cat brought into the city to fail to register such animal within 30 days from acquisition or bringing the dog or cat into the city. It shall be unlawful for the owner of any previously registered dog or cat to fail to maintain current registration of such dog.

(b)   Upon registration, the owner of any dog or cat over four months of age shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any dog or cat over four months of age to fail to maintain effective rabies immunization of such dog or cat.

(c)   The owner or harborer of any dog or cat shall, at the time of registering such dog or cat, present to the city clerk a certificate from an accredited veterinarian showing that a male dog or cat has been neutered or a female dog or cat has been spayed, if the dog or cat has been neutered or spayed.

(d)   The city clerk shall collect an annual registration fee of $3 for each neutered male dog or cat and for each spayed female dog or cat, and $3 for each unneutered male dog or cat and for each unspayed female dog or cat.

(e)   The registration year shall be from January 1st through December 31st of each year. The fee shall be payable before May 1st of each year without penalty.

(f)   Registration fees as enumerated above may be prorated for newly acquired dogs or cats or for dogs or cats owned by a person or persons moving to and establishing a home in the city during a calendar year. Every owner or harborer of a dog or cat or dogs or cats who shall fail to register the same prior to the 1st day of May of each year shall pay in addition to the registration fee herein provided a penalty fee for late registration of 10% per month.

(g)   Moneys received under the above procedures shall be deposited in the general operating fund of the city.

(Ord. 491, Sec. 3; Code 1997)

(a)   Dogs living within the city at the time they reach the four month age limit shall receive their initial rabies vaccination at that time and shall be revaccinated for the same disease one year later. Thereafter, revaccinations may be spaced at two year intervals. Dogs six months or older when receiving their initial vaccination with the rabies serum need be revaccinated only every two years.

(b)   Cats living within the city at the time of reaching the four month age limit shall receive their initial rabies vaccination at that time. Revaccinations with the serum shall be administered every 12 months thereafter.

(c)   All cats and dogs meeting or exceeding the four month age limitation brought into the city from outside sources and not possessing a valid certificate evidencing an up-to-date rabies vaccination shall be vaccinated for the disease within 30 days after their arrival.

(d)   Certificate or other document serving as proof of vaccination must contain the following information:

(1)   Name and address of the owner or harborer.

(2)   Description of the animal to include name, age, sex, breed and markings.

(3)   Date of vaccination and type of rabies vaccine administered.

(4)   Manufacturer’s serial number of the vaccine.

(5)   Signature of the veterinarian or other public health official administering the vaccine.

(e)   The city clerk or other individual to whom the proof is presented shall make a copy of the document to be retained in the city files for future reference, if needed.

(Ord. 446, Sec. 4)

It shall be the duty of the city clerk or designated agent, upon a showing of current rabies immunization and receipt of the registration fee hereinbefore required, to issue the payer a receipt which shall serve as and hereinafter be referred to as a dog or cat license. License shall be numbered in ascending numerical sequence and shall show the name and address of the owner or harborer; name, age, breed, sex, color, and other distinguishing marks or characteristics of the animal being licensed; amount paid and expiration date of the license which shall be the 1st day of May in all instances. A metal tag bearing a number corresponding to the one recorded on the license and the registration year shall be furnished to the payer with instructions that it be affixed securely to the collar or harness of the animal and worn at all times. Color of the tags shall be changed from year to year for ease in identifying whether or not the animal is wearing a current or expired tag. Accordingly, whenever possible the tag should be attached to the collar or harness in such a way as to be easily seen and recognizable by law enforcement personnel and other interested parties. When any tag has become lost during a registration period, the owner of the dog may request a duplicate tag for the remainder of the registration period. When so requested, the city clerk shall, upon presentation of the registration certificate, issue a duplicate of such tag upon the payment of no fee. It shall be unlawful for any person to take off or remove the city registration tag from any dog belonging to another, or remove the strap or collar on which the same is fastened.

(Code 1997)

It shall be unlawful for any person to place on any dog or cat a tag issued for any other dog or cat or to make or use any false, forged or counterfeited tag or imitation thereof.

(Code 1997)

It shall be unlawful for the owner of any dog kept within the city to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog or cat within two years, when requested by the animal control officer or any law enforcement officer.

(Code 1997)

The provisions of this article with respect to registration shall not apply to any dog or cat owned by any person visiting or temporarily remaining within the city for less than 30 days. However, such dogs or cats shall be kept under restraint by the owner thereof at all times.

(Code 1997)

(a)   Any dog or cat whether owned by, harbored or left in the custody of an individual residing within the corporate boundaries of the city and if kept within the confines of the city shall be:

(1)   Confined on the premises of such owner, harborer or custodian in a pen or other primary enclosure form which is cannot escape of its own accord; or

(2)   Tethered on such premises by means of a chain or other suitable restraint from which it cannot break free and in such a manner as to prevent it from reaching the street, alleyway or sidewalks bordering the property.

(b)   Dogs and cats being walked or exercised by the owner or other individuals shall be kept on a leash while in the company of such person(s).

(c)   It shall be unlawful for the owner or harborer of any dog or cat to permit such dog or cat to run at large within the city at any time;

(d)   Any dog or cat running at large within the city shall be impounded as set out in section 2-209;

(e)   The owner of any dog impounded for running at large without the tag required by section 2-204 shall, for the first offense, pay a fine of $100 plus the board bill;

(f)   For the first offense of an animal running at large with a tag as required by section 2-204, the owner or harborer claiming any animal, shall, in addition to presenting a registration receipt, pay the cost of the board bill. For a second offense within a one year period, the owner or harborer shall pay a fine of $10 plus the board bill. For a third and all subsequent offenses within a one year period, the owner or harborer shall pay a fine of $10 plus the cost of the board bill.

(Ord. 491, Sec. 2; Code 1997)

(a)   Any dog or cat found in violation of the provisions of this article shall be subject to impoundment by the city.

(b)   A record of all dogs or cats impounded shall be kept by the city containing the following information: color, sex, weight, height, identifying marks, registration number (if any) and the date of impoundment.

(c)  

(1)   Animals taken into custody and discovered to be in possession of a tag evidencing ownership of a valid and proper license shall be held within the confines of the city for a period of one hour before being taken to the pound facility. During this interval personnel under whose control the animal is being held shall attempt to contact the owner either by telephone or personal visitation advising such individual that his or her animal has been taken into custody, location where it is being held, and that he or she has one hour in which to reclaim the animal or let it be impounded. Owners showing up at the designated location to claim their animals shall be required to pay a $10 fine for each animal prior to the release of animal(s) into their custody.

(2)   Capturing personnel, if the owner is known to them, may at their discretion, follow the above procedures for animals captured and not in possession of a tag indicating the ownership of a valid license. In these cases, owner(s) appearing to claim the animal(s) shall be required to pay a $20 fine plus the $3 license fee, coupled with any added penalties for late registration as specified in section 2-202.

(d)   If the dog or cat impounded has no current registration tag and the identity of the animal’s owner is unknown to the animal control officer or the impounding law enforcement officer then such impounding officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code. If within three full business days the owner does not appear to claim the dog or cat, then the dog or cat may be sold, euthanized or otherwise disposed of.

(e)   If at any time before the sale or destruction of any dog or cat impounded under the provisions of this article, the owner of an impounded dog or cat does appear and redeem the dog or cat, it shall be turned over to the person claiming it upon payment of any impoundment fees or penalties plus the actual costs of impoundment, including any medical treatment, and upon compliance with the registration provisions of this article. This subsection shall not apply to any dog or cat alleged as being vicious under section 2-115 or suspected of rabies under section 2-119 of this code.

(f)   The minimum impoundment fee shall be veterinarian’s cost.

(g)   Any dog or cat impounded may not be released without a current rabies vaccination.

(h)   Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this article for violation of any of the provisions thereof; nor shall impoundment be a defense in any prosecution commenced hereunder.

(i)    The redemption of any dog or cat impounded for a violation of any provision of this chapter shall be prima facie evidence of the violation of such provision by the person redeeming the dog or cat.

(Ord. 446, Secs. 5:6, 8; Code 1997)

If any dog or cat is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-209 hereof, the animal control officer, any authorized law enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog or cat or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year.

(Code 1997)

Any unspayed female dog or cat in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or cat or dogs or cats may gain voluntary access to the confined animal except for purposes of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a neighborhood nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.

(Code 1997)

Whenever the mayor shall deem it necessary for the protection and welfare of the inhabitants of the city, he or she shall issue an order requiring all dogs and cats kept within the city to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals. Such order shall be published in the official newspaper of the city for such period of time as the mayor may deem necessary.

(Code 1997)